National Mineral Policy 2006 - Department of Mines

National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines

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example, a mining major may outsource the exploration work to a junior, or where the majorin the process of exploration comes across a relatively small ore body in which it may not beinterested and which it passes on to a junior for exploration and disposal to small- ormedium-scale miners. It may be noted that the finance raised by juniors is basically riskfinance, which looks for high returns commensurate with the risk. In 2005, juniors accountedfor an exploration expenditure of US$ 2.3 billion out of the global total of US$ 5.1 billion.The Mongolian Gold vein and the Tibetan Gold vein, which were barely suspected asreserves of any worth, were prospected by Canada’s junior prospecting companies, usingrisk/venture finance from the Canadian and European financial markets, and were discoveredto be major finds. China has made great progress in finding and mining unexpected andunknown ore bodies by utilising the juniors’ model of Canada.1.31 For India to use the Canadian model, three major changes will be needed in the Indianpolicy, laws, and rules. First, a seamless transfer to a ML from a PL held by a prospectingcompany, which means that a junior PL holder should be guaranteed a ML in respect of hisfind without any exception or exemption; second, deletion of the third proviso to Rule 37(2)of the MCR, which prohibits a prospector from charging a premium for his find whiletransferring his ML to another miner; and third, speedy decision making on applications forPLs and MLs submitted by junior companies. A junior company raises funds from financialmarkets and these funds have to be deployed immediately. Once a proposal to prospect is putbefore the investor and a decision to invest is taken, the work has to start straightaway. Thismeans that the PL should be in the possession of the junior when it goes to the market to lookfor funds. The time available at the disposal of the junior is very limited. The PL shouldeither be granted or rejected within two months of the application. The current time frame oftwo years between an application and a PL is not conducive to investment through juniors àla the Canadian model. These shortcomings in the Indian policy, laws, and rules have beenresponsible for keeping the entire junior community out of the mining sector in India, thusdepriving the sector of the large amounts of FDI in the form of risk finance needed todiscover and mine its resources. A policy decision to attract the Canadian type juniorcompanies to invest in the risky business of exploration and prospecting is imperative and forthis, suitable amendments would have to be made in the laws and rules, as proposed later inthis chapter.18

1.32 The NMP, MMDR Act, MCR, and MCDR provide for Central and state organisationsto prospect for minerals but do not lay down separate guidelines for allocation of minesprospected by public agencies. The lack of a clear system for disposal of governmentprospected mineral ore bodies can provide an opportunity for arbitrary practices. In India, themain government bodies engaged in detailed exploration activity are the MECL, whichundertakes promotional exploration on behalf of the government, GSI in a few rare cases, andthe state Directorates of Mining and Geology (DMGs). The current provision for disposal (orallocation) is mainly through discretionary decision by the state governments (in some cases,with the approval of the Centre) on the basis of some very broad parameters. In non-notifiedareas (areas for which applications have not been invited through publication in the officialGazette), state governments are expected to follow the first-come-first-served principle, whileall applications in notified areas (areas for which applications have been invited) are to beconsidered in terms of the parameters laid down in Section 11(3) of the MMDR Act.However, in all cases, the state governments, and in some cases, even the Centralgovernment, are authorised to bypass these provisions at their discretion. It is necessary tointroduce transparency in the allocation of ore bodies either through a tender/auction systemor by spelling out in very precise detail the method of ascertaining who best satisfies therequirements of Section 11(3) and making the same binding. Ideally, a tender/auction systemwould be most suitable inasmuch as such a system would have the additional advantage ofaugmenting state revenues, which is a major concern of the state governments. Thetender/auction system may also be applied to ore bodies in respect of which prospecting datahas come into the public domain after the lock-in period has expired without the prospectorhaving filed a ML application. Hence, subject to the exception mentioned in Chapter 5 (seeparagraphs 5.13 and 5.14), the tender/auction system should be used for disposing of orebodies prospected by State agencies at public expense.1.33 Para 7.12 of the NMP states that efforts will be made to promote small-scale miningfor exploiting small and scattered deposits as the capital required is low and mining isemployment-intensive. One of the geological peculiarities is the occurrence of small mineraldeposits. However, it is also recognised that economies of scale are particularly important formining. Small ore bodies either remain unexploited or are mined intermittently by miners inthe small scale, depending on the price of ore prevailing in the local market, resulting ininefficient or suboptimal mining. While small-scale mining may be allowed to flourishwherever feasible, it has been argued before the Committee that such small deposits that19

example, a mining major may outsource the exploration work to a junior, or where the majorin the process <strong>of</strong> exploration comes across a relatively small ore body in which it may not beinterested and which it passes on to a junior for exploration and disposal to small- ormedium-scale miners. It may be noted that the finance raised by juniors is basically riskfinance, which looks for high returns commensurate with the risk. In 2005, juniors accountedfor an exploration expenditure <strong>of</strong> US$ 2.3 billion out <strong>of</strong> the global total <strong>of</strong> US$ 5.1 billion.The Mongolian Gold vein and the Tibetan Gold vein, which were barely suspected asreserves <strong>of</strong> any worth, were prospected by Canada’s junior prospecting companies, usingrisk/venture finance from the Canadian and European financial markets, and were discoveredto be major finds. China has made great progress in finding and mining unexpected andunknown ore bodies by utilising the juniors’ model <strong>of</strong> Canada.1.31 For India to use the Canadian model, three major changes will be needed in the Indianpolicy, laws, and rules. First, a seamless transfer to a ML from a PL held by a prospectingcompany, which means that a junior PL holder should be guaranteed a ML in respect <strong>of</strong> hisfind without any exception or exemption; second, deletion <strong>of</strong> the third proviso to Rule 37(2)<strong>of</strong> the MCR, which prohibits a prospector from charging a premium for his find whiletransferring his ML to another miner; and third, speedy decision making on applications forPLs and MLs submitted by junior companies. A junior company raises funds from financialmarkets and these funds have to be deployed immediately. Once a proposal to prospect is putbefore the investor and a decision to invest is taken, the work has to start straightaway. Thismeans that the PL should be in the possession <strong>of</strong> the junior when it goes to the market to lookfor funds. The time available at the disposal <strong>of</strong> the junior is very limited. The PL shouldeither be granted or rejected within two months <strong>of</strong> the application. The current time frame <strong>of</strong>two years between an application and a PL is not conducive to investment through juniors àla the Canadian model. These shortcomings in the Indian policy, laws, and rules have beenresponsible for keeping the entire junior community out <strong>of</strong> the mining sector in India, thusdepriving the sector <strong>of</strong> the large amounts <strong>of</strong> FDI in the form <strong>of</strong> risk finance needed todiscover and mine its resources. A policy decision to attract the Canadian type juniorcompanies to invest in the risky business <strong>of</strong> exploration and prospecting is imperative and forthis, suitable amendments would have to be made in the laws and rules, as proposed later inthis chapter.18

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